Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 3) [2011] FCA 725 Citation: Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 3) [2011] FCA 725
Parties: MANAGEMENT 3 GROUP PTY LTD (IN LIQ) (ACN 100 863 036) and ANDREW REGINALD YEO AND GESS MICHAEL RAMBALDI (AS LIQUIDATORS OF MANAGEMENT 3 GROUP PTY LTD (IN LIQ) (ACN 100 863 036) v LENNY'S COMMERCIAL KITCHENS PTY LTD (ACN 009 044 295) and SINO IRON PTY LTD (ACN 058 429 708)
File number: VID 350 of 2009
Judge: DODDS-STREETON J
Date of judgment: 28 June 2011
Catchwords: COSTS – Settlement offer – Deadline for acceptance one day before commencement of trial – Offer included releases of other actual or potential claims extraneous to present proceeding – Whether Calderbank letter – Whether unreasonable for applicants to reject offer – Whether party-party or indemnity costs – Whether security should be released
Legislation: Corporations Act 2001 (Cth), s 440C Evidence Act 1995 (Cth), s 131(2) Federal Court Rules 1979 (Cth), O 23 Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 112
Cases cited: Australian Medic-Care Co Ltd (a company incorporated in Hong Kong) v Hamilton Pharmaceutical Pty Ltd (No 2) [2009] FCA 1494 cited Auswest Timbers Pty Ltd v The Secretary to the Department of Sustainability and Environment [2010] VSC 513 distinguished Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 considered Dover Beach Pty Ltd & Anor v Geftine Pty Ltd (2008) 21 VR 442 considered Eric Preston Pty Ltd v Euroz Securities Limited (No 2) [2010] FCA 1068 cited Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435 cited MT Associates Pty Ltd v Aqua–Max Pty Ltd & Anor (No 3) [2000] VSC 163 distinguished Segenhoe Ltd v Akins & Ors (1990) 29 NSWLR 569 cited Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 considered Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 cited WSA Online Ltd v Arms (No 2) [2006] FCAFC 108 considered
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